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HIGH COURT OF UTTARAKHAND
BILLOO – Appellant
Versus
NAGAR PALIKA PARISHAD MUSSOORIE DISTRICT DEHRADUN THROUGH ITS EXECUTIVE OFFICER – Respondent
| Table of Content |
|---|
| 1. challenge to eviction process. (Para 1 , 2 , 3) |
| 2. plaintiff's history of rental agreement. (Para 4 , 5 , 6 , 7) |
| 3. legal claims based on non-compliance. (Para 8 , 11 , 12) |
| 4. court's scrutiny of appellate process. (Para 9 , 13 , 14) |
| 5. importance of due process in eviction. (Para 15 , 16 , 17) |
| 6. court allows appeal with conditions. (Para 18 , 19) |
| 7. no order as to costs. (Para 20) |
JUDGMENT :
Sharad Kumar Sharma, J.
1. This is a plaintiff’s Second Appeal, wherein, the plaintiff/ appellant, herein, has challenged the impugned judgements dated 6th December, 2013, as rendered in Civil Appeal No. 49 of 2011, Billoo Vs. Nagar Palika Parishad , Mussoorie and another, which stood dismissed by the judgement of the learned District Judge, and as a consequence thereto, it has resulted into an affirmation of the judgement and decree dated 28th March, 2011, as rendered by the Court of Civil Judge (Senior Division), Dehradun, in Original Suit No. 519 of 2002, Billoo Vs. Nagar Palika Parishad and another , by virtue of which, the Suit of the appellant for grant of decree of permanent injunction, preferred by the plaintiff/ appellant was dismissed. As a consequence thereto, in fact, t
Licensees have a right to due process before eviction; statutory bodies must adhere to legal protocols, including providing notice prior to eviction actions.
Eviction without adherence to due process and legal requirements, such as prior notice, is arbitrary and illegal, reaffirming licensee rights under statutory provisions.
The expiration of a fixed term tenancy and the failure to prove the right of construction led to the defendant's status as a tenant at sufferance, overriding the claimed immunity from eviction under ....
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